Dynasty Dumplings Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Dynasty Dumplings Pty Ltd concerning a nomination for a visa. The dispute centred on whether the applicant met the criteria for approving the nomination under the Migration Regulations 1994. The decision was made by Member Angela Julian-Armitage.

The primary legal issue before the Tribunal was to determine if Dynasty Dumplings Pty Ltd had satisfied the requirements for approving its nomination, specifically in relation to the medium-term stream. This involved assessing whether the nominated occupation was applicable to the nominee and whether the nominee was employed to undertake the job descriptions required for that occupation, as defined by its corresponding 6-digit code.

The Tribunal's reasoning focused on the lack of sufficient evidence provided by the applicant. It noted that an organisational chart did not demonstrate the nominee's employment by the applicant, and recent financial documents indicated the business was operating at a loss. Crucially, the Tribunal found there was insufficient evidence to establish that the nominee was employed to perform the duties associated with the nominated occupation. Consequently, the Tribunal concluded that the requirements of regulation 2.72(3) of the Migration Regulations 1994 were not met.

The Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the applicable criteria for its approval.